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Worker Rights

In document LEBANON 2021 HUMAN RIGHTS REPORT (Page 45-55)

support. NGOs also reported that the August 2020 Beirut port explosion destroyed areas frequented and inhabited by LGBTQI+ members, which severely impacted their livelihoods and well-being.

The DGS continued to maintain a travel ban on foreign attendees of the

Networking, Exchange, Development, Wellness, and Achievement (NEDWA) sexual health conference, which was organized by LGBTQI+ rights NGO Arab Foundation for Freedoms and Equality (AFE). Starting in 2019 this conference was relocated outside of the country due to security concerns following DGS and other agencies’ threats to expose attendees from LGBTQI+-hostile countries to their governments.

The government did not collect information on official or private discrimination in employment, occupation, housing, statelessness, or lack of access to education or health care based on sexual orientation or gender identity. Individuals who faced problems were reluctant to report incidents due to fear of additional discrimination or reprisal. There were no government efforts to address potential discrimination.

responsibility for maintaining order during the strike.

There are significant restrictions on the right to strike. The law excludes public-sector employees, domestic workers, and agricultural workers. Therefore, they have neither the right to strike nor to join and establish unions. The law prohibits public-sector employees from any kind of union activity, including striking, organizing collective petitions, or joining professional organizations. On July 12, however, the board of the Association of Public Administration Employees called for a strike and sick-out from July 15-23 and early dismissal from work on July 12-14. On August 31, public administration employees called for an extension of the strike until September 30 and reported to work only on Wednesdays to process urgent issues for the public. They demanded salary adjustments to compensate for the rising cost of living, an increase in their transportation allowance, and measures to address the decline in health and social benefits under the National Social

Security Fund and State Employees Cooperatives. The strike was ongoing at the end of the reporting period.

The law protects the right of workers to bargain collectively, but a minimum of 60 percent of workers must agree on the goals beforehand. Two-thirds of union members at a general assembly must ratify collective bargaining agreements. The Association of Banks in Lebanon renewed the collective sectoral agreement with the Federation of Lebanese Bank Employees Unions in 2019 after nearly three months of mediation between the two parties led by the minister of labor. The Association of Banks in Lebanon had initially refused to renew the agreement.

The law prohibits antiunion discrimination. By law when employers misuse or abuse their right to terminate a union member’s contract, including for union activity, the worker is entitled to compensation and legal indemnity and may institute proceedings before a conciliation board. The board adjudicates the case, after which an employer may be compelled to reinstate the worker, although this protection is available only to the elected members of a union’s board. Anecdotal evidence showed widespread antiunion discrimination in both the public and private sectors, although this issue did not receive significant media coverage.

According to the International Labor Organization (ILO), the most flagrant abuses occurred in banking, private schools, retail businesses, daily and occasional

workers, and the civil service.

By law foreigners with legal resident status may join trade unions. According to the ILO, however, most unions do not encourage or accept the participation of foreign workers. The law permits migrant workers to join existing unions

(regardless of nationality and reciprocity agreements) but denies them the right to form their own unions. They do not enjoy full membership since they may neither vote in trade union elections nor run for union office. Certain sectors of migrant workers, such as migrant domestic workers, challenged the binding laws supported by some unions by forming their own autonomous structures that acted as unions, although the Ministry of Labor has not approved them.

Palestinian refugees generally may organize their own unions. Because of restrictions on their right to work, few refugees participated actively in trade unions. While some unions required citizenship, others were open to foreign nationals whose home countries had reciprocity agreements with Lebanon.

The government’s enforcement of applicable law was weak, including prohibitions on antiunion discrimination.

Freedom of association and the right to collective bargaining were not always respected. The government and other political actors interfered with the

functioning of worker organizations, particularly the main federation, the General Confederation of Lebanese Workers (CGTL). The CGTL is the only national confederation recognized by the government, although several unions boycotted and unofficially or officially broke from the CGTL and no longer recognized it as an independent and nonpartisan representative of workers. Since 2012 the Union Coordination Committee (UCC), a grouping of public and private teachers as well as civil servants, played a major role in pushing the government to pass a promised revised salary scale, largely overshadowing the CGTL. While the UCC is not formally recognized by any government body, it acts as an umbrella organization and guides several recognized leagues of workers in demonstrating and in

negotiating demands. During the 2019 national budget debate, both the CGTL and UCC failed to take leadership of worker protest actions successfully or to express coherently the demands and aspirations of working persons. In 2019 the CGTL was further weakened when union president Antoine Bechara was interrogated by the ISF Cybercrime Bureau over a complaint filed by then minister of economy Raed Khoury. In 2019 Bechara was arrested and pressured to resign after a video

was leaked showing him insulting and making offensive comments against late Maronite patriarch Nasrallah Sfeir, but he was re-elected in July 2020. The National Federation of Workers and Employees in Lebanon emerged as another alternative to represent the independent trade union movement.

The economic and financial collapse, the COVID-19 pandemic, and the ensuing political unrest exacerbated challenges in the labor sector, including an increased rate of unemployment, increased dismissal of employees, partial salary payments, deteriorating working conditions, and an increased number of businesses shutting down. The Syndicate of Restaurants, Nightclubs, and Pastries announced that its membership decreased from 8,500 in 2019 to 3,700 in the year. The secretary general of the Economic Institutions association announced that 60 percent of retail shops and commercial institutions had closed since 2019. The Ministry of Labor formed a crisis committee to investigate the unlawful termination of contracts, but it did not include foreign domestic workers in its review. Multiple international organizations reported in September 2020 that domestic workers were adversely affected by the port explosion since many were suddenly laid off or rendered homeless along with their employers. Antiunion discrimination and other

instances of employer interference in union functions occurred. Some employers fired workers in the process of forming a union before the union could be formally established and published in the official gazette.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. It is unclear whether penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Children, foreign workers employed as domestic workers, and other foreign workers sometimes worked under forced labor conditions. The law criminalizes labor trafficking and provides protection against forced labor for domestic workers.

The domestic worker population is excluded from legal protection, which leaves them vulnerable to exploitation. In violation of the law, employment agencies and employers routinely withheld foreign workers’ passports, especially in the cases of domestic workers, sometimes for years. According to NGOs assisting migrant workers, in some instances employers withheld salaries for the duration of the

contract, which was usually two years.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment Child labor occurred, including in its worst forms. While up-to-date statistics on child labor were unavailable, anecdotal evidence and the accounts of NGOs suggested the number of child workers may have risen during the year and that more children worked in the informal sector. UNHCR noted that commercial sexual exploitation of refugee children continued to occur. The government did not enforce child labor law effectively. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

The minimum age for employment is 14, and the law prescribes occupations that are legal for juveniles, defined as children between ages 14 and 18. The law requires juveniles to undergo a medical exam by a doctor certified by the Ministry of Public Health to ensure they are physically fit for the types of work employers ask them to perform. The law prohibits employment of juveniles for more than seven hours per day, or between 7 p.m. and 7 a.m., and it requires one hour of rest for work lasting more than four hours. The law prohibits specific types of labor for juveniles, including informal “street labor.” It also lists types of labor that, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety, or morals of children younger than 16, as well as types of labor that are allowed for children older than 16, provided they are offered full protection and adequate training.

Child labor, including among refugee children, was predominantly concentrated in the informal sector, including in small family enterprises, mechanical workshops, carpentry, construction, manufacturing, industrial sites, welding, agriculture, and fisheries. UN agencies and NGOs reported that Syrian refugee children were vulnerable to child labor and exploitation. According to the ILO, child labor rates have at least doubled since the Syrian refugee influx. The ILO reported that instances of child labor strongly correlated with a Syrian refugee presence. The ILO equally highlighted that most Syrian children involved in the worst forms of

child labor, especially forced labor, worked primarily in agriculture in the Bekaa and Akkar regions and on the streets of major urban areas (Beirut and Tripoli).

Anecdotal evidence also indicated child labor was prevalent within Palestinian refugee camps.

The Ministry of Labor is responsible for enforcing child labor requirements through its Child Labor Unit. Additionally, the law charges the Ministry of

Justice, ISF, and Higher Council for Childhood (HCC) with enforcing laws related to child trafficking, including commercial sexual exploitation of children and the use of children in illicit activities. The HCC is also responsible for referring children held in protective custody to appropriate NGOs to find safe living arrangements.

A Ministry of Labor unit responsible for inspections of all potential labor violations also investigates child labor matters when a specific complaint is reported or found during its other inspections.

The Ministry of Labor’s Child Labor Unit acts as the government’s focal point for child labor matters, and it oversees and implements the ministry’s national strategy to tackle child labor. The National Steering Committee on Child Labor is the main interministerial body coordinating on child labor across the government.

In 2019 the Ministry of Social Affairs developed a National Action Plan to End Street Begging by Children, but implementation was slow due to the October 2019 revolution and government resignation.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings.

d. Discrimination with Respect to Employment and Occupation The law provides for equality among all citizens and prohibits employment discrimination based on race, gender, disability, language, or social status. The law does not specifically provide for protection against employment discrimination based on sexual orientation, gender identity, HIV status, or other communicable diseases. Although the government generally respected these provisions, they were not enforced in some areas, and aspects of the law and traditional beliefs

discriminated against women. It is unclear whether penalties were commensurate to laws related to civil rights, such as election interference.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, foreign domestic workers, and LGBTQI+ and

HIV-positive persons (see section 6). The law does not distinguish between women and men in employment, and it provides for equal pay for men and women, with

exceptions that exclude women from a variety of industrial and construction jobs as well as jobs listed in Annex 1. The law prohibits women from working in

certain industries, such as mining, factories, agriculture, energy, and transportation, although the law was not enforced in multiple sectors, including factories and agriculture. According to the UN Population Fund, the law does not explicitly prohibit sexual harassment in the workplace, although it gives an employee the right to resign without prior notice if the employer or representative commits an indecent offense toward the employee or a family member. However, there are no legal consequences for the perpetrator.

The law defines a “disability” as a physical, sight, hearing, or mental disability. It stipulates persons with disabilities must fill at least three percent of all government and private-sector positions, provided such persons fulfill the qualifications for the position. There was no evidence the government enforced the law. Employers are legally exempt from penalties if they provide evidence no otherwise qualified person with disabilities applied for employment within three months of

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Migrant workers and domestic workers faced employment discrimination. During the reporting period, Syrian workers, usually employed as manual laborers and construction workers, continued to suffer discrimination. Many municipalities enforced a curfew on Syrians’ movements in their neighborhoods in efforts to control security.

NGOs and UN agencies continued to report incidents of sexual harassment and exploitation of refugees by employers and landlords, including paying workers less than minimum wage, requiring them to work excessive hours, and debt bondage.

There were multiple reports of domestic workers (mainly from East Africa and Southeast Asia) who were tied to their employers through visa sponsorship, known

as the kafala system. They faced physical, mental, and sexual abuse, unsafe working conditions, and nonpayment of wages. According to NGOs that assisted migrant workers in reporting abuses to authorities, security forces and judges did not always adequately investigate these crimes, and victims sometimes refused to file complaints or retracted testimony due to threats and fear of reprisals or

deportation.

e. Acceptable Conditions of Work

Wage and Hour Laws: The legal minimum wage was last raised in 2012. In July 2020 then minister of labor Lamia Yammine requested an increase in the minimum wage to balance purchasing power and inflation, but no further action was taken.

As a result of the increase in fuel prices, public and private sector employees’ daily transportation allowances were raised during the year. Public sector employees also received a one-time social assistance payment worth one month’s salary.

There was no official minimum wage for domestic workers. Observers concluded that the minimum wage was lower than unofficial estimates of the poverty income level. Official contracts stipulated monthly wages for domestic workers,

depending on the nationality of the worker. A unified standard contract which was registered with the DGS for workers to obtain residency granted migrant domestic workers some labor protections. The standard contract covered uniform terms and conditions of employment, but not wages for domestic workers, depending on the nationality of the worker. The law prescribes a standard 48-hour workweek with a weekly rest period that must not be less than 36 consecutive hours. The law

stipulates 48 hours of work as the maximum per week in most corporations except agricultural enterprises. The law permits a 12-hour day under certain conditions, including a stipulation that overtime pay is 50 percent higher than pay for normal hours. The law does not set limits on compulsory overtime. Workers may report violations to the CGTL, Ministry of Labor, NSSF, or through their respective unions. In most cases they preferred to remain silent due to fear of dismissal.

Violations of wage and overtime pay were most common in the construction industry and among migrant workers, particularly with domestic workers.

Generally, penalties for violations were commensurate with those for similar crimes, such as fraud. Domestic workers are not covered by law or other legal provisions related to acceptable conditions of work. Such provisions also do not

apply to those involved in work within the context of a family, day laborers, temporary workers in the public sector, or workers in the agricultural sector. In September 2020 the caretaker minister of labor signed a new standard labor contract for all domestic workers, foreign and Lebanese, to apply to all contracts signed after November 1, 2020.

Occupational Safety and Health: The Ministry of Labor sets occupational health and safety standards. Labor experts deemed Lebanon’s occupational safety and health (OSH) standards were inappropriate for the main industries in the country and noted that the government did not regularly enforce them. The country’s OSH standards do not conform with international labor standards, and the few numbers of OSH inspectors make it difficult to enforce the established measures. Some companies did not respect legal provisions governing OSH in specific sectors, such as the construction industry. The responsibility for identifying unsafe situations remains with OSH experts and not the worker based on hazards inherent to the nature of work. Penalties for violations of OSH laws were commensurate with those for similar crimes like negligence; however, in practice, employers easily avoided such penalties. While most licensed businesses and factories strove to meet international standards for working conditions with respect to OSH,

conditions in informal factories and businesses were poorly regulated and often did not meet these standards. The Ministry of Industry is responsible for enforcing regulations to improve safety in the workplace. The law requires employers to implement proper safety measures and to have fire, third-party liability, and workers’ compensation insurance. The ministry has the authority to revoke a company’s license if its inspectors find a company noncompliant, but there was no evidence this occurred.

The ministry’s enforcement team handled all inspections of potential labor

violations, but it suffered from a lack of staff, resources, legal tools, and political support for its work. Interference with inspectors affected the quality of

inspections, and issuance of fines for violators was common. The law stipulates workers may remove themselves from situations that endanger their health or

safety without jeopardy to their employment, although government officials did not protect employees who exercised this right.

Workers in the industrial sector worked an average of 35 hours per week, while

workers in other sectors worked an average of 32 hours per week. These averages, however, were derived from figures that included part-time work, including for employees who desired full-time work. Some private-sector employers failed to provide employees with family and transportation allowances as stipulated under the law and did not register them with the National Social Security Fund.

Informal Sector: Migrant workers arrived in the country through local and source-country recruitment agencies. Although the law requires recruitment agencies to be licensed by the Ministry of Labor, the government did not adequately monitor their activities. The kafala system tied a foreign worker’s employment visa to a specific employer, making it difficult to change employers.

In cases of employment termination, the worker would lose legal status. This discouraged many migrant workers from filing complaints. Some employers subjected domestic workers, mostly of Asian and African origin, to mistreatment and abuse, including rape. In many cases domestic workers endured long hours without vacations or holidays. Victims of abuse may file civil suits or seek other legal action, often with the assistance of NGOs, but most victims, counseled by their embassies or consulates, settled for an administrative solution that usually included monetary compensation and repatriation. During the year victims

explained that, when they escaped from employers who were withholding wages, an NGO helped them file charges against their employers. Authorities commonly reached administrative settlements with employers to pay back wages or finance return to employees’ home countries, but generally did not seek criminal

prosecution of employers.

In June 2020 the director general of Nigeria’s National Agency for the Prohibition of Trafficking in Persons named Lebanon among countries in which Nigerian citizens were trapped in domestic servitude. The official stated her agency had received more than 50 distress calls and collected evidence regarding cruel working conditions, unpaid salaries, 18-hour workdays, and hazardous duties.

Some women were reportedly sold as slaves to third-party buyers.

Authorities typically did not prosecute perpetrators of abuse against domestic workers for reasons that included the victims’ refusal to press charges and lack of evidence. Authorities settled an unknown number of cases of nonpayment of wages through negotiation. According to source-country embassies and

In document LEBANON 2021 HUMAN RIGHTS REPORT (Page 45-55)

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